ARIZONA STATE SENATE

KIYAHNA J. ARAZA

LEGISLATIVE RESEARCH ANALYST

TRANSPORTATION & TECHNOLOGY COMMITTEE

Telephone: (602) 926-3171

RESEARCH STAFF

TO:                  MEMBERS OF THE SENATE

GOVERNMENT COMMITTEE

DATE:            March 27, 2023

SUBJECT:      Strike everything amendment to H.B. 2144, relating to broadband

Purpose

Requires a provider's application for and acquisition of any portion of a state, city, town or county owned right-of-way that is unserved or underserved by broadband service to be prompt and without delay.

Background

Broadband service provides access and transport to the internet, computer processing, information storage or protocol conversion in either the upstream or downstream direction, as established by the Federal Communications Commission (FCC), excluding specified information content or service applications. A provider is an entity that provides for the sale or resale of wholesale or retail broadband services in Arizona and that is recognized as an eligible telecommunications carrier by the Arizona Corporation Commission or that meets FCC and industry carrier class service guidelines or is a political subdivision that has statutory authority to provide communications services, including a video service provider (A.R.S. § 28-7381).

Right-of-way, when used within the context of the regulation of the movement of traffic on a highway, is the privilege of the immediate use of the highway. Right-of-way, when used within the context of the real property on which transportation facilities and appurtenances to the facilities are constructed or maintained, is the lands or interest in lands within the right-of-way boundaries (A.R.S. § 28-101).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Requires a state agency, city, town or county, within 30 days, to promptly process each valid and administratively complete application of a provider for:

a) any permit, license or consent to excavate, set poles, locate lines, construct facilities, make repairs, effect traffic flow or obtain zoning or subdivision regulation approvals; or

b) other similar approvals with respect to facilities to be constructed in the public right-of-way.

2. Specifies that the application processing requirement applies in any portion of state, city, town or county owned right-of-way that is unserved or underserved by broadband service.

3. Requires a state agency, city, town or county to make a reasonable effort not to:

a) delay or burden the provider in the timely conduct of the provider's business; or

b) charge any non-cost based permitting fees.

4. Requires a state agency, city, town or county to use its best efforts to assist a provider in obtaining all permits, licenses and other consents in a timely manner.

5. Makes conforming changes.

6. Becomes effective on the general effective date.